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4.6.2018 EN Official Journal of the European Union L 137/7
DECISIONS
COUNCIL DECISION (EU) 2018/817
of 22 May 2018
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee
concerning the amendment of Annex IX (Financial services) to the EEA Agreement (EMIR Level 2
Acts)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 in conjunction
with Article 218(9) thereof,
Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for
implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.
(2) Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia,
Annex IX to that Agreement, which contains provisions on financial services.
(3) The following acts concern financial services and are to be incorporated into the EEA Agreement:
— Commission Delegated Regulation (EU) No 148/2013 (3),
— Commission Delegated Regulation (EU) No 149/2013 (4),
— Commission Delegated Regulation (EU) No 150/2013 (5),
— Commission Delegated Regulation (EU) No 151/2013 (6),
— Commission Delegated Regulation (EU) No 152/2013 (7),
— Commission Delegated Regulation (EU) No 153/2013 (8),
(1) OJ L 305, 30.11.1994, p. 6.
(2) OJ L 1, 3.1.1994, p. 3.
(3) Commission Delegated Regulation (EU) No 148/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the
European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory
technical standards on the minimum details of the data to be reported to trade repositories (OJ L 52, 23.2.2013, p. 1).
(4) Commission Delegated Regulation (EU) No 149/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the
European Parliament and of the Council with regard to regulatory technical standards on indirect clearing arrangements, the clearing
obligation, the public register, access to a trading venue, non-financial counterparties, and risk mitigation techniques for OTC derivatives
contracts not cleared by a CCP (OJ L 52, 23.2.2013, p. 11).
(5) Commission Delegated Regulation (EU) No 150/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the
European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory
technical standards specifying the details of the application for registration as a trade repository (OJ L 52, 23.2.2013, p. 25).
(6) Commission Delegated Regulation (EU) No 151/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the
European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory
technical standards specifying the data to be published and made available by trade repositories and operational standards for
aggregating, comparing and accessing the data (OJ L 52, 23.2.2013, p. 33).
(7) Commission Delegated Regulation (EU) No 152/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the
European Parliament and of the Council with regard to regulatory technical standards on capital requirements for central counterparties
(OJ L 52, 23.2.2013, p. 37).
(8) Commission Delegated Regulation (EU) No 153/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the
European Parliament and of the Council with regard to regulatory technical standards on requirements for central counterparties
(OJ L 52, 23.2.2013, p. 41).L 137/8 EN Official Journal of the European Union 4.6.2018
— Commission Delegated Regulation (EU) No 876/2013 (1),
— Commission Delegated Regulation (EU) No 1002/2013 (2),
— Commission Delegated Regulation (EU) No 1003/2013 (3),
— Commission Delegated Regulation (EU) No 285/2014 (4),
— Commission Delegated Regulation (EU) No 667/2014 (5),
— Commission Implementing Regulation (EU) No 1247/2012 (6),
— Commission Implementing Regulation (EU) No 1248/2012 (7),
— Commission Implementing Regulation (EU) No 1249/2012 (8),
— Commission Implementing Regulation (EU) No 484/2014 (9),
— Commission Delegated Regulation (EU) 2015/1515 (10),
— Commission Delegated Regulation (EU) 2015/2205 (11),
— Commission Delegated Regulation (EU) 2016/592 (12),
— Commission Delegated Regulation (EU) 2016/1178 (13),
(1) Commission Delegated Regulation (EU) No 876/2013 of 28 May 2013 supplementing Regulation (EU) No 648/2012 of the European
Parliament and of the Council with regard to regulatory technical standards on colleges for central counterparties (OJ L 244, 13.9.2013,
p. 19).
(2) Commission Delegated Regulation (EU) No 1002/2013 of 12 July 2013 amending Regulation (EU) No 648/2012 of the European
Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to the list of exempted
entities (OJ L 279, 19.10.2013, p. 2).
(3) Commission Delegated Regulation (EU) No 1003/2013 of 12 July 2013 supplementing Regulation (EU) No 648/2012 of the European
Parliament and of the Council with regard to fees charged by the European Securities and Markets Authority to trade repositories
(OJ L 279, 19.10.2013, p. 4).
(4) Commission Delegated Regulation (EU) No 285/2014 of 13 February 2014 supplementing Regulation (EU) No 648/2012 of the
European Parliament and of the Council with regard to regulatory technical standards on direct, substantial and foreseeable effect of
contracts within the Union and to prevent the evasion of rules and obligations (OJ L 85, 21.3.2014, p. 1).
(5) Commission Delegated Regulation (EU) No 667/2014 of 13 March 2014 supplementing Regulation (EU) No 648/2012 of the
European Parliament and of the Council with regard to rules of procedure for penalties imposed on trade repositories by the European
Securities and Markets Authority including rules on the right of defence and temporal provisions (OJ L 179, 19.6.2014, p. 31).
(6) Commission Implementing Regulation (EU) No 1247/2012 of 19 December 2012 laying down implementing technical standards with
regard to the format and frequency of trade reports to trade repositories according to Regulation (EU) No 648/2012 of the European
Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 20).
(7) Commission Implementing Regulation (EU) No 1248/2012 of 19 December 2012 laying down implementing technical standards with
regard to the format of applications for the registration of trade repositories according to Regulation (EU) No 648/2012 of the European
Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 30).
(8) Commission Implementing Regulation (EU) No 1249/2012 of 19 December 2012 laying down implementing technical standards with
regard to the format of the records to be maintained by central counterparties according to Regulation (EU) No 648/2012 of the
European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012,
p. 32).
(9) Commission Implementing Regulation (EU) No 484/2014 of 12 May 2014 laying down implementing technical standards with regard
to the hypothetical capital of a central counterparty according to Regulation (EU) No 648/2012 of the European Parliament and of the
Council (OJ L 138, 13.5.2014, p. 57).
(10) Commission Delegated Regulation (EU) 2015/1515 of 5 June 2015 amending Regulation (EU) No 648/2012 of the European
Parliament and of the Council as regards the extension of the transitional periods related to pension scheme arrangements (OJ L 239,
15.9.2015, p. 63).
(11) Commission Delegated Regulation (EU) 2015/2205 of 6 August 2015 supplementing Regulation (EU) No 648/2012 of the European
Parliament and of the Council with regard to regulatory technical standards on the clearing obligation (OJ L 314, 1.12.2015, p. 13).
(12) Commission Delegated Regulation (EU) 2016/592 of 1 March 2016 supplementing Regulation (EU) No 648/2012 of the European
Parliament and of the Council with regard to regulatory technical standards on the clearing obligation (OJ L 103, 19.4.2016, p. 5).
(13) Commission Delegated Regulation (EU) 2016/1178 of 10 June 2016 supplementing Regulation (EU) No 648/2012 of the European
Parliament and of the Council with regard to regulatory technical standards on the clearing obligation (OJ L 195, 20.7.2016, p. 3).4.6.2018 EN Official Journal of the European Union L 137/9
— Commission Delegated Regulation (EU) 2017/104 (1),
— Commission Delegated Regulation (EU) 2017/751 (2), and
— Commission Implementing Regulation (EU) 2017/105 (3).
(4) Annex IX to the EEA Agreement should therefore be amended accordingly.
(5) The position of the Union within the EEA Joint Committee should therefore be based on the attached draft
decisions,
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment of
Annex IX (Financial services) to the EEA Agreement shall be based on the draft decisions of the EEA Joint Committee
attached to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 22 May 2018.
For the Council
The President
E. KARANIKOLOV
(1) Commission Delegated Regulation (EU) 2017/104 of 19 October 2016 amending Delegated Regulation (EU) No 148/2013 supple
menting Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and
trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories
(OJ L 17, 21.1.2017, p. 1).
(2) Commission Delegated Regulation (EU) 2017/751 of 16 March 2017 amending Delegated Regulations (EU) 2015/2205, (EU) 2016/592
and (EU) 2016/1178 as regards the deadline for compliance with clearing obligations for certain counterparties dealing with OTC
derivatives (OJ L 113, 29.4.2017, p. 15).
(3) Commission Implementing Regulation (EU) 2017/105 of 26 October 2016 amending Implementing Regulation (EU) No 1247/2012
laying down implementing technical standards with regard to the format and frequency of trade reports to trade repositories according
to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade
repositories (OJ L 17, 21.1.2017, p. 17 as corrected in OJ L 19, 25.1.2017, p. 97).L 137/10 EN Official Journal of the European Union 4.6.2018
DRAFT
DECISION OF THE EEA JOINT COMMITTEE No …
of …
amending Annex IX (Financial services) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98
thereof,
Whereas:
(1) Commission Delegated Regulation (EU) No 148/2013 of 19 December 2012 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and
trade repositories with regard to regulatory technical standards on the minimum details of the data to be
reported to trade repositories (1) is to be incorporated into the EEA Agreement.
(2) Commission Delegated Regulation (EU) No 149/2013 of 19 December 2012 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on
indirect clearing arrangements, the clearing obligation, the public register, access to a trading venue, non-financial
counterparties, and risk mitigation techniques for OTC derivatives contracts not cleared by a CCP (2) is to be
incorporated into the EEA Agreement.
(3) Commission Delegated Regulation (EU) No 150/2013 of 19 December 2012 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and
trade repositories with regard to regulatory technical standards specifying the details of the application for
registration as a trade repository (3) is to be incorporated into the EEA Agreement.
(4) Commission Delegated Regulation (EU) No 151/2013 of 19 December 2012 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and
trade repositories with regard to regulatory technical standards specifying the data to be published and made
available by trade repositories and operational standards for aggregating, comparing and accessing the data (4) is
to be incorporated into the EEA Agreement.
(5) Commission Delegated Regulation (EU) No 152/2013 of 19 December 2012 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on
capital requirements for central counterparties (5) is to be incorporated into the EEA Agreement.
(6) Commission Delegated Regulation (EU) No 153/2013 of 19 December 2012 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on
requirements for central counterparties (6) is to be incorporated into the EEA Agreement.
(7) Commission Delegated Regulation (EU) No 876/2013 of 28 May 2013 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on
colleges for central counterparties (7) is to be incorporated into the EEA Agreement.
(8) Commission Delegated Regulation (EU) No 1002/2013 of 12 July 2013 amending Regulation (EU) No 648/2012
of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories
with regard to the list of exempted entities (8) is to be incorporated into the EEA Agreement.
(1) OJ L 52, 23.2.2013, p. 1.
(2) OJ L 52, 23.2.2013, p. 11.
(3) OJ L 52, 23.2.2013, p. 25.
(4) OJ L 52, 23.2.2013, p. 33.
(5) OJ L 52, 23.2.2013, p. 37.
(6) OJ L 52, 23.2.2013, p. 41.
(7) OJ L 244, 13.9.2013, p. 19.
(8) OJ L 279, 19.10.2013, p. 2.4.6.2018 EN Official Journal of the European Union L 137/11
(9) Commission Delegated Regulation (EU) No 1003/2013 of 12 July 2013 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council with regard to fees charged by the European
Securities and Markets Authority to trade repositories (1) is to be incorporated into the EEA Agreement.
(10) Commission Delegated Regulation (EU) No 285/2014 of 13 February 2014 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on
direct, substantial and foreseeable effect of contracts within the Union and to prevent the evasion of rules and
obligations (2) is to be incorporated into the EEA Agreement.
(11) Commission Delegated Regulation (EU) No 667/2014 of 13 March 2014 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council with regard to rules of procedure for penalties
imposed on trade repositories by the European Securities and Markets Authority including rules on the right of
defence and temporal provisions (3) is to be incorporated into the EEA Agreement.
(12) Commission Implementing Regulation (EU) No 1247/2012 of 19 December 2012 laying down implementing
technical standards with regard to the format and frequency of trade reports to trade repositories according to
Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central
counterparties and trade repositories (4) is to be incorporated into the EEA Agreement.
(13) Commission Implementing Regulation (EU) No 1248/2012 of 19 December 2012 laying down implementing
technical standards with regard to the format of applications for the registration of trade repositories according
to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central
counterparties and trade repositories (5) is to be incorporated into the EEA Agreement.
(14) Commission Implementing Regulation (EU) No 1249/2012 of 19 December 2012 laying down implementing
technical standards with regard to the format of the records to be maintained by central counterparties according
to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central
counterparties and trade repositories (6) is to be incorporated into the EEA Agreement.
(15) Commission Implementing Regulation (EU) No 484/2014 of 12 May 2014 laying down implementing technical
standards with regard to the hypothetical capital of a central counterparty according to Regulation (EU)
No 648/2012 of the European Parliament and of the Council (7) is to be incorporated into the EEA Agreement.
(16) Annex IX to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Annex IX to the EEA Agreement shall be amended as follows:
1. The following is added in point 31bc (Regulation (EU) No 648/2012 of the European Parliament and of the Council):
‘, as amended by:
— 32013 R 1002: Commission Delegated Regulation (EU) No 1002/2013 of 12 July 2013 (OJ L 279, 19.10.2013,
p. 2).’;
2. The following is inserted after point 31bcai (Commission Delegated Regulation (EU) 2015/2042):
‘31bcb. 32012 R 1247: Commission Implementing Regulation (EU) No 1247/2012 of 19 December 2012 laying
down implementing technical standards with regard to the format and frequency of trade reports to trade
repositories according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on
OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 20).
(1) OJ L 279, 19.10.2013, p. 4.
(2) OJ L 85, 21.3.2014, p. 1.
(3) OJ L 179, 19.6.2014, p. 31.
(4) OJ L 352, 21.12.2012, p. 20.
(5) OJ L 352, 21.12.2012, p. 30.
(6) OJ L 352, 21.12.2012, p. 32.
(7) OJ L 138, 13.5.2014, p. 57.L 137/12 EN Official Journal of the European Union 4.6.2018
The provisions of the Implementing Regulation shall, for the purposes of this Agreement, be read with the
following adaptation:
In Article 5, as regards the EFTA States:
(i) paragraphs 1 and 2 shall read as follows:
“1. Derivative contracts shall be reported:
(a) Within six months of the date of entry into force of Decision of the EEA Joint Committee No …/…
of … [this decision], where a trade repository for that particular derivative class has been registered
under Article 55 of Regulation (EU) No 648/2012 before the date of entry into force of Decision of
the EEA Joint Committee No …/… of … [this decision];
(b) 90 days after the registration of a trade repository for a particular derivative class under Article 55
of Regulation (EU) No 648/2012, where there is no trade repository registered for that particular
derivative class before or on the date of entry into force of Decision of the EEA Joint Committee
No …/… of … [this decision], but in any event no earlier than six months after the date of entry
into force of Decision of the EEA Joint Committee No …/… of … [this decision];
(c) Within six months of the date of entry into force of Decision of the EEA Joint Committee No …/…
of … [this decision], where there is no trade repository registered for that particular derivative class
under Article 55 of Regulation (EU) No 648/2012 six months after the date of entry into force of
Decision of the EEA Joint Committee No…/…of … [this decision]. The reporting obligation shall
commence on this date and contracts shall be reported to ESMA in accordance with Article 9(3) of
that Regulation until a trade repository is registered for that particular derivative class.”;
(ii) in paragraphs 3 and 4, the words “16 August 2012” shall read “the date of entry into force of Decision
of the EEA Joint Committee No 206/2016 of 30 September 2016.”.
31bcc. 32012 R 1248: Commission Implementing Regulation (EU) No 1248/2012 of 19 December 2012 laying
down implementing technical standards with regard to the format of applications for the registration of
trade repositories according to Regulation (EU) No 648/2012 of the European Parliament and of the
Council on OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 30).
31bcd. 32012 R 1249: Commission Implementing Regulation (EU) No 1249/2012 of 19 December 2012 laying
down implementing technical standards with regard to the format of the records to be maintained by
central counterparties according to Regulation (EU) No 648/2012 of the European Parliament and of the
Council on OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 32).
31bce. 32013 R 0148: Commission Delegated Regulation (EU) No 148/2013 of 19 December 2012 supple
menting Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives,
central counterparties and trade repositories with regard to regulatory technical standards on the minimum
details of the data to be reported to trade repositories (OJ L 52, 23.2.2013, p. 1).
31bcf. 32013 R 0149: Commission Delegated Regulation (EU) No 149/2013 of 19 December 2012 supple
menting Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to
regulatory technical standards on indirect clearing arrangements, the clearing obligation, the public register,
access to a trading venue, non-financial counterparties, and risk mitigation techniques for OTC derivatives
contracts not cleared by a CCP (OJ L 52, 23.2.2013, p. 11).
The provisions of the Delegated Regulation shall, for the purposes of this Agreement, be read with the
following adaptation:
In Article 12, as regards the EFTA States:
(i) the words “and including 28 February 2014” shall read “six months after the date of entry into force of
Decision of the EEA Joint Committee No …/… of …[this decision]”;
(ii) the words “after 28 February 2014” shall read “after six months of the date of entry into force of
Decision of the EEA Joint Committee No …/… of …[this decision]”;
(iii) the words “and including 31 August 2013” shall read “five months after the date of entry into force of
Decision of the EEA Joint Committee No …/… of …[this decision]”;4.6.2018 EN Official Journal of the European Union L 137/13
(iv) the words “after 31 August 2013” shall read “after five months of the date of entry into force of
Decision of the EEA Joint Committee No …/… of …[this decision]”;
(v) the words “and including 31 August 2014” shall read “six months after the date of entry into force of
Decision of the EEA Joint Committee No …/… of …[this decision]”;
(vi) the words “after 31 August 2014” shall read “after six months of the date of entry into force of
Decision of the EEA Joint Committee No …/… of …[this decision]”.
31bcg. 32013 R 0150: Commission Delegated Regulation (EU) No 150/2013 of 19 December 2012 supple
menting Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives,
central counterparties and trade repositories with regard to regulatory technical standards specifying the
details of the application for registration as a trade repository (OJ L 52, 23.2.2013, p. 25).
The provisions of the Delegated Regulation shall, for the purposes of this Agreement, be read with the
following adaptation:
The words “or the EFTA Surveillance Authority, as the case may be,” shall be inserted after the word
“ESMA”.
31bch. 32013 R 0151: Commission Delegated Regulation (EU) No 151/2013 of 19 December 2012 supple
menting Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives,
central counterparties and trade repositories with regard to regulatory technical standards specifying the
data to be published and made available by trade repositories and operational standards for aggregating,
comparing and accessing the data (OJ L 52, 23.2.2013, p. 33).
The provisions of the Delegated Regulation shall, for the purposes of this Agreement, be read with the
following adaptations:
(a) Article 2(3) shall apply as regards the EFTA States subject to the content and entry into force of
a decision of the EEA Joint Committee incorporating Regulation (EC) No 713/2009 of the
European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of
the Energy Regulators.
(b) In Article 3, as regards the EFTA States:
(i) in paragraph 1, the words “the Union as referred to in Article 75” shall read “its EFTA State of
establishment as referred to in Article 81(3)(h)”;
(ii) in paragraph 2, the words “ESMA as referred to in Article 76” shall read “its EFTA State of
establishment as referred to in Article 81(3)(k)”.
31bci. 32013 R 0152: Commission Delegated Regulation (EU) No 152/2013 of 19 December 2012 supple
menting Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to
regulatory technical standards on capital requirements for central counterparties (OJ L 52, 23.2.2013,
p. 37).
31bcj. 32013 R 0153: Commission Delegated Regulation (EU) No 153/2013 of 19 December 2012 supple
menting Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to
regulatory technical standards on requirements for central counterparties (OJ L 52, 23.2.2013, p. 41).
The provisions of the Delegated Regulation shall, for the purposes of this Agreement, be read with the
following adaptation:
In Article 2(i), the words “Union currency” shall be replaced by the words “official currency of a Contracting
Party to the EEA Agreement”.
31bck. 32013 R 0876: Commission Delegated Regulation (EU) No 876/2013 of 28 May 2013 supplementing
Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory
technical standards on colleges for central counterparties (OJ L 244, 13.9.2013, p. 19).
The provisions of the Delegated Regulation shall, for the purposes of this Agreement, be read with the
following adaptation:
The words “Union currencies” shall be replaced by the words “official currencies of Contracting Parties to
the EEA Agreement”.
31bcl. 32013 R 1003: Commission Delegated Regulation (EU) No 1003/2013 of 12 July 2013 supplementing
Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to fees charged
by the European Securities and Markets Authority to trade repositories (OJ L 279, 19.10.2013, p. 4).L 137/14 EN Official Journal of the European Union 4.6.2018
The provisions of the Delegated Regulation shall, for the purposes of this Agreement, be read with the
following adaptations:
(a) In Article 1, as regards the EFTA States, the words “or the EFTA Surveillance Authority, as the case may
be,” shall be inserted after the words “the European Securities and Markets Authority (ESMA)”.
(b) In Articles 2 and 4, the words “or the EFTA Surveillance Authority, as the case may be,” shall be
inserted after the word “ESMA”.
(c) In Article 10(2):
(i) as regards the EFTA States, the word “ESMA” shall read “the EFTA Surveillance Authority”;
(ii) the following subparagraph shall be added:
“When, as regards trade repositories established in the EFTA States, the EFTA Surveillance Authority
is to reimburse the registration fee paid, ESMA shall without delay make available the amounts to be
reimbursed to a trade repository to the EFTA Surveillance Authority for that purpose.”.
(d) In Article 11:
(i) the following subparagraph shall be added in paragraph 1:
“When, as regards trade repositories established in the EFTA States, the EFTA Surveillance Authority
is to send the invoices for the instalments, ESMA shall inform the EFTA Surveillance Authority of
the calculations necessary as regards each trade repository sufficiently in advance of the respective
payment date.”;
(ii) in paragraph 2, as regards the EFTA States, the word “ESMA” shall read “the EFTA Surveillance
Authority”.
(e) In Article 13:
(i) in paragraph 1, the words “Only ESMA” shall be replaced by the words “Only ESMA or, as regards
trade repositories established in the EFTA States, the EFTA Surveillance Authority”;
(ii) in paragraph 2, the words “or the EFTA Surveillance Authority, as the case may be,” shall be inserted
after the word “ESMA”.
31bcm. 32014 R 0285: Commission Delegated Regulation (EU) No 285/2014 of 13 February 2014 supplementing
Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory
technical standards on direct, substantial and foreseeable effect of contracts within the Union and to prevent
the evasion of rules and obligations (OJ L 85, 21.3.2014, p. 1).
The provisions of the Delegated Regulation shall, for the purposes of this Agreement, be read with the
following adaptation:
In Article 4, as regards the EFTA States, the words “10 October 2014” shall read “six months after the date
of entry into force of Decision of the EEA Joint Committee No …/… of … [this decision]”.
31bcn. 32014 R 0484: Commission Implementing Regulation (EU) No 484/2014 of 12 May 2014 laying down
implementing technical standards with regard to the hypothetical capital of a central counterparty according
to Regulation (EU) No 648/2012 of the European Parliament and of the Council (OJ L 138, 13.5.2014,
p. 57).
31bco. 32014 R 0667: Commission Delegated Regulation (EU) No 667/2014 of 13 March 2014 supplementing
Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to rules of
procedure for penalties imposed on trade repositories by the European Securities and Markets Authority
including rules on the right of defence and temporal provisions (OJ L 179, 19.6.2014, p. 31).
The provisions of the Delegated Regulation shall, for the purposes of this Agreement, be read with the
following adaptations:
(a) In Article 1, as regards the EFTA States, the words “the European Securities and Markets Authority
(ESMA)” and “ESMA” shall read “the EFTA Surveillance Authority”.
(b) In Article 2, as regards the EFTA States, the words “and the EFTA Surveillance Authority” shall be
inserted after the word “ESMA”.4.6.2018 EN Official Journal of the European Union L 137/15
(c) In Article 3, as regards the EFTA States:
(i) in paragraph 1, the words “and the EFTA Surveillance Authority” shall be inserted after the word
“ESMA”;
(ii) the words “inform the EFTA Surveillance Authority thereof. The EFTA Surveillance Authority shall,
without undue delay,” shall be inserted after the words “it shall” in paragraphs 2, 4 and 5 and
before the words “decide to close the case” in paragraph 3;
(iii) in the second subparagraph of paragraph 4 and in the third sentence of the first subparagraph of
paragraph 5, the words “, before preparing a draft for the EFTA Surveillance Authority, or the EFTA
Surveillance Authority” shall be inserted after the word “ESMA”;
(iv) in the third subparagraph of paragraph 4 and in the second subparagraph of paragraph 5, the
words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word
“ESMA”;
(v) in paragraph 6, the word “ESMA” shall read “the EFTA Surveillance Authority”.
(d) In Article 4, as regards the EFTA States:
(i) in the first subparagraph, the word “ESMA” shall read “the EFTA Surveillance Authority”;
(ii) in the fourth subparagraph, the words “or, as the case may be, the EFTA Surveillance Authority”
shall be inserted after the word “ESMA”.
(e) In Article 5, as regards the EFTA States:
(i) the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the words
“If so requested, ESMA”;
(ii) the words “ESMA has sent a statement of findings” shall read “the EFTA Surveillance Authority has
sent a statement of findings”.
(f) In Article 6, as regards the EFTA States:
(i) in paragraphs 1 and 4, the word “ESMA” shall read “the EFTA Surveillance Authority”;
(ii) in paragraph 3, the words “or, as the case may be, the EFTA Surveillance Authority” shall be
inserted after the word “ESMA”;
(iii) in paragraph 5, the following subparagraph shall be added:
“The limitation period for imposing fines and periodic penalty payments shall be suspended for as
long as the decision of the EFTA Surveillance Authority is the subject of proceedings pending
before the EFTA Court in accordance with Article 35 of the Agreement between the EFTA States on
the Establishment of a Surveillance Authority and a Court of Justice.”.
(g) In Article 7, as regards the EFTA States:
(i) the word “ESMA” shall read “the EFTA Surveillance Authority”;
(ii) in paragraph 5(b), the words “ESMA Board of Appeal, in accordance with Article 58 of Regulation
(EU) No 1095/2010 of the European Parliament and of the Council, and the Court of Justice of the
European Union, in accordance with Article 69 of Regulation (EU) No 648/2012” shall read “the
EFTA Court in accordance with Article 35 of the Agreement between the EFTA States on the
Establishment of a Surveillance Authority and a Court of Justice”.’.
Article 2
The texts of Delegated Regulations (EU) No 148/2013, (EU) No 149/2013, (EU) No 150/2013, (EU) No 151/2013, (EU)
No 152/2013, (EU) No 153/2013, (EU) No 876/2013, (EU) No 1002/2013, (EU) No 1003/2013, (EU) No 285/2014
and (EU) No 667/2014 and Implementing Regulations (EU) No 1247/2012, (EU) No 1248/2012, (EU) No 1249/2012
and (EU) No 484/2014 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official
Journal of the European Union, shall be authentic.L 137/16 EN Official Journal of the European Union 4.6.2018
Article 3
This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA
Agreement have been made (*).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the
European Union.
Done at Brussels,
For the EEA Joint Committee
The President The Secretaries to the EEA Joint Committee
(*) [No constitutional requirements indicated.] [Constitutional requirements indicated.]4.6.2018 EN Official Journal of the European Union L 137/17
DRAFT
DECISION OF THE EEA JOINT COMMITTEE No …
of …
amending Annex IX (Financial services) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98
thereof,
Whereas:
(1) Commission Delegated Regulation (EU) 2015/1515 of 5 June 2015 amending Regulation (EU) No 648/2012 of
the European Parliament and of the Council as regards the extension of the transitional periods related to
pension scheme arrangements (1) is to be incorporated into the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2015/2205 of 6 August 2015 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on
the clearing obligation (2) is to be incorporated into the EEA Agreement.
(3) Commission Delegated Regulation (EU) 2016/592 of 1 March 2016 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on
the clearing obligation (3) is to be incorporated into the EEA Agreement.
(4) Commission Delegated Regulation (EU) 2016/1178 of 10 June 2016 supplementing Regulation (EU)
No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on
the clearing obligation (4), as corrected by OJ L 196, 21.7.2016, p. 56, is to be incorporated into the EEA
Agreement.
(5) Commission Delegated Regulation (EU) 2017/104 of 19 October 2016 amending Delegated Regulation (EU)
No 148/2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on
OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the
minimum details of the data to be reported to trade repositories (5) is to be incorporated into the EEA
Agreement.
(6) Commission Delegated Regulation (EU) 2017/751 of 16 March 2017 amending Delegated Regulations
(EU) 2015/2205, (EU) 2016/592 and (EU) 2016/1178 as regards the deadline for compliance with clearing
obligations for certain counterparties dealing with OTC derivatives (6) is to be incorporated into the EEA
Agreement.
(7) Commission Implementing Regulation (EU) 2017/105 of 26 October 2016 amending Implementing Regulation
(EU) No 1247/2012 laying down implementing technical standards with regard to the format and frequency of
trade reports to trade repositories according to Regulation (EU) No 648/2012 of the European Parliament and of
the Council on OTC derivatives, central counterparties and trade repositories (7), as corrected by OJ L 19,
25.1.2017, p. 97, is to be incorporated into the EEA Agreement.
(8) Annex IX to the EEA Agreement should therefore be amended accordingly,
(1) OJ L 239, 15.9.2015, p. 63.
(2) OJ L 314, 1.12.2015, p. 13.
(3) OJ L 103, 19.4.2016, p. 5.
(4) OJ L 195, 20.7.2016, p. 3.
(5) OJ L 17, 21.1.2017, p. 1.
(6) OJ L 113, 29.4.2017, p. 15.
(7) OJ L 17, 21.1.2017, p. 17.L 137/18 EN Official Journal of the European Union 4.6.2018
HAS ADOPTED THIS DECISION:
Article 1
Annex IX to the EEA Agreement shall be amended as follows:
1. The following indent is inserted in point 31bc (Regulation (EU) No 648/2012 of the European Parliament and of the
Council):
‘— 32015 R 1515: Commission Delegated Regulation (EU) 2015/1515 of 5 June 2015 (OJ L 239, 15.9.2015,
p. 63).’;
2. The text of point 31bcb (Commission Implementing Regulation (EU) No 1247/2012) is replaced by the following:
‘32012 R 1247: Commission Implementing Regulation (EU) No 1247/2012 of 19 December 2012 laying down
implementing technical standards with regard to the format and frequency of trade reports to trade repositories
according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives,
central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 20), as amended by:
— 32017 R 0105: Commission Implementing Regulation (EU) 2017/105 of 26 October 2016 (OJ L 17, 21.1.2017,
p. 17), as corrected by OJ L 19, 25.1.2017, p. 17.
The provisions of the Implementing Regulation shall, for the purposes of this Agreement, be read with the following
adaptations:
(a) In Article 4(5) and Article 4b, as regards the EFTA States, the words “in the EEA” shall be inserted after the words
“date of application”.
(b) In Article 5, as regards the EFTA States:
(i) paragraphs 1 and 2 shall read as follows:
“1. Derivative contracts shall be reported:
(a) Within six months of the date of entry into force of Decision of the EEA Joint Committee No …/… of …
[JCD 32013R0148.A09], where a trade repository for that particular derivative class has been registered
under Article 55 of Regulation (EU) No 648/2012 before the date of entry into force of Decision of the
EEA Joint Committee No …/… of … [JCD 32013R0148.A09];
(b) 90 days after the registration of a trade repository for a particular derivative class under Article 55 of
Regulation (EU) No 648/2012, where there is no trade repository registered for that particular derivative
class before or on the date of entry into force of Decision of the EEA Joint Committee No …/… of …
[JCD 32013R0148.A09], but in any event no earlier than six months after the date of entry into force of
Decision of the EEA Joint Committee No …/… of … [JCD 32013R0148.A09];
(c) Within six months of the date of entry into force of Decision of the EEA Joint Committee No …/… of …
[JCD 32013R0148.A09], where there is no trade repository registered for that particular derivative class
under Article 55 of Regulation (EU) No 648/2012 six months after the date of entry into force of
Decision of the EEA Joint Committee No…/… of … [JCD 32013R0148.A09]. The reporting obligation
shall commence on this date and contracts shall be reported to ESMA in accordance with Article 9(3) of
that Regulation until a trade repository is registered for that particular derivative class.”;
(ii) in paragraphs 3 and 4, the words “16 August 2012” shall read “1 July 2017”.’;
3. The following shall be inserted in point 31bce (Commission Delegated Regulation (EU) No 148/2013), with effect
from … [insert: nine months after the date of entry into force of this Decision]:
‘, as amended by:
— 32017 R 0104: Commission Delegated Regulation (EU) 2017/104 of 19 October 2016 (OJ L 17, 21.1.2017,
p. 1).’;
4. The following is added after point 31bco (Commission Delegated Regulation (EU) No 667/2014):
‘31bcp. 32015 R 2205: Commission Delegated Regulation (EU) 2015/2205 of 6 August 2015 supplementing
Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory
technical standards on the clearing obligation (OJ L 314, 1.12.2015, p. 13), as amended by:
— 32017 R 0751: Commission Delegated Regulation (EU) 2017/751 of 16 March 2017 (OJ L 113,
29.4.2017, p. 15).4.6.2018 EN Official Journal of the European Union L 137/19
The provisions of the Delegated Regulation shall, for the purposes of this Agreement, be read with the
following adaptations:
(a) In point (b) of Article 2(1), as regards the EFTA States, the words “January, February and March 2016”
shall read “January, February and March …[insert: year of entry into force of this Decision]”.
(b) In Article 3:
(i) as regards the EFTA States, the first subparagraph of paragraph 1 shall read as follows:
“In respect of contracts pertaining to a class of OTC derivatives set out in the Annex, the clearing
obligation shall take effect:
(a) six months after the date of entry into force of Decision of the EEA Joint Committee No …/…
of … [this decision] for counterparties in Category 1;
(b) one year after the date of entry into force of Decision of the EEA Joint Committee No …/…
of … [this decision] for counterparties in Category 2;
(c) 21 June 2019 for counterparties in Category 3;
(d) two years after the date of entry into force of Decision of the EEA Joint Committee No …/…
of … [this decision] for counterparties in Category 4.”;
(ii) in the second subparagraph of paragraph 1, the words “, or between one counterparty established in
an EFTA State and one counterparty established in an EU Member State” shall be inserted after the
words “between two counterparties included in different categories of counterparties”;
(iii) as regards the EFTA States, the first subparagraph of paragraph 2 shall read as follows:
“By way of derogation from points (a), (b) and (c) of paragraph 1, in respect of contracts pertaining
to a class of OTC derivatives set out in the Annex and concluded between counterparties other than
counterparties in Category 4 which are part of the same group and where one counterparty is
established in a third country and the other counterparty is established in the EEA, the clearing
obligation shall take effect:
(a) two years after the date of entry into force of Decision of the EEA Joint Committee No …/…
of … [this decision] in case no equivalence decision adopted pursuant to Article 13(2) of
Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the
OTC derivative contracts referred to in the Annex to this Regulation in respect of the relevant
third country applies in the EEA; or
(b) the later of the following dates in case an equivalence decision adopted pursuant to Article 13(2)
of Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the
OTC derivative contracts referred to in the Annex to this Regulation in respect of the relevant
third country applies in the EEA:
(i) 60 days after the date of entry into force of the decision of the EEA Joint Committee
containing the decision adopted pursuant to Article 13(2) of Regulation (EU) No 648/2012
for the purposes of Article 4 of that Regulation covering the OTC derivative contracts
referred to in the Annex to this Regulation in respect of the relevant third country;
(ii) the date when the clearing obligation takes effect pursuant to paragraph 1.”.
(c) In Article 4:
(i) in paragraph 1, as regards the EFTA States, the words “21 February 2016” shall read “two months
after the date of entry into force of Decision of the EEA Joint Committee No …/… of … [this
decision]”;
(ii) in paragraph 2, as regards the EFTA States, the words “21 May 2016” shall read “five months after
the date of entry into force of Decision of the EEA Joint Committee No …/… of … [this decision]”;
(iii) in paragraph 4, the words “, between one financial counterparty established in an EFTA State and
one financial counterparty established in an EU Member State” shall be inserted after the words
“between two financial counterparties belonging to different categories”.L 137/20 EN Official Journal of the European Union 4.6.2018
31bcq. 32016 R 0592: Commission Delegated Regulation (EU) 2016/592 of 1 March 2016 supplementing
Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory
technical standards on the clearing obligation (OJ L 103, 19.4.2016, p. 5), as amended by:
— 32017 R 0751: Commission Delegated Regulation (EU) 2017/751 of 16 March 2017 (OJ L 113,
29.4.2017, p. 15).
The provisions of the Delegated Regulation shall, for the purposes of this Agreement, be read with the
following adaptations:
(a) In point (b) of Article 2(1), as regards the EFTA States, the words “January, February and March 2016”
shall read “January, February and March …[insert: year of entry into force of this Decision]”.
(b) In Article 3:
(i) as regards the EFTA States, the first subparagraph of paragraph 1 shall read as follows:
“In respect of contracts pertaining to a class of OTC derivatives set out in the Annex, the clearing
obligation shall take effect:
(a) one year after the date of entry into force of Decision of the EEA Joint Committee No …/…
of … [this decision] for counterparties in Category 1;
(b) eighteen months after the date of entry into force of Decision of the EEA Joint Committee
No …/… of … [this decision] for counterparties in Category 2;
(c) 21 June 2019 for counterparties in Category 3;
(d) thirty-nine months after the date of entry into force of Decision of the EEA Joint Committee
No …/… of … [this decision] for counterparties in Category 4.”;
(ii) in the second subparagraph of paragraph 1, the words “, or between one counterparty established in
an EFTA State and one counterparty established in an EU Member State” shall be inserted after the
words “between two counterparties included in different categories of counterparties”;
(iii) as regards the EFTA States, the first subparagraph of paragraph 2 shall read as follows:
“By way of derogation from points (a), (b) and (c) of paragraph 1, in respect of contracts pertaining
to a class of OTC derivatives set out in the Annex and concluded between counterparties other than
counterparties in Category 4 which are part of the same group and where one counterparty is
established in a third country and the other counterparty is established in the EEA, the clearing
obligation shall take effect:
(a) thirty-nine months after the date of entry into force of Decision of the EEA Joint Committee
No …/… of … [this decision] in case no equivalence decision adopted pursuant to Article 13(2)
of Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the
OTC derivative contracts set out in the Annex to this Regulation in respect of the relevant third
country applies in the EEA; or
(b) the later of the following dates in case an equivalence decision adopted pursuant to Article 13(2)
of Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the
OTC derivative contracts set out in the Annex to this Regulation in respect of the relevant third
country applies in the EEA:
(i) 60 days after the date of entry into force of the decision of the EEA Joint Committee
containing the decision adopted pursuant to Article 13(2) of Regulation (EU) No 648/2012
for the purposes of Article 4 of that Regulation covering the OTC derivative contracts set
out in the Annex to this Regulation in respect of the relevant third country;
(ii) the date when the clearing obligation takes effect pursuant to paragraph 1.”.
(c) In Article 4:
(i) in paragraphs 1 and 2, as regards the EFTA States, the words “9 October 2016” shall read “five
months after the date of entry into force of Decision of the EEA Joint Committee No …/… of …
[this decision]”;
(ii) in paragraph 4, the words “, between one financial counterparty established in an EFTA State and
one financial counterparty established in an EU Member State” shall be inserted after the words
“between two financial counterparties belonging to different categories”.4.6.2018 EN Official Journal of the European Union L 137/21
31bcr. 32016 R 1178: Commission Delegated Regulation (EU) 2016/1178 of 10 June 2016 supplementing
Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory
technical standards on the clearing obligation (OJ L 195, 20.7.2016, p. 3), as corrected by OJ L 196,
21.7.2016, p. 56, as amended by:
— 32017 R 0751: Commission Delegated Regulation (EU) 2017/751 of 16 March 2017 (OJ L 113,
29.4.2017, p. 15).
The provisions of the Delegated Regulation shall, for the purposes of this Agreement, be read with the
following adaptations:
(a) In point (b) of Article 2(1), as regards the EFTA States, the words “January, February and March 2016”
shall read “January, February and March …[insert: year of entry into force of this Decision]”.
(b) In Article 3:
(i) as regards the EFTA States, the first subparagraph of paragraph 1 shall read as follows:
“In respect of contracts pertaining to a class of OTC derivatives set out in Annex I, the clearing
obligation shall take effect:
(a) six months after the date of entry into force of Decision of the EEA Joint Committee No …/…
of … [this decision] for counterparties in Category 1;
(b) one year after the date of entry into force of Decision of the EEA Joint Committee No …/…
of … [this decision] for counterparties in Category 2;
(c) 21 June 2019 for counterparties in Category 3;
(d) two years after the date of entry into force of Decision of the EEA Joint Committee No …/…
of … [this decision] for counterparties in Category 4.”;
(ii) in the second subparagraph of paragraph 1, the words “, or between one counterparty established in
an EFTA State and one counterparty established in an EU Member State” shall be inserted after the
words “between two counterparties included in different categories of counterparties”;
(iii) as regards the EFTA States, the first subparagraph of paragraph 2 shall read as follows:
“By way of derogation from points (a), (b) and (c) of paragraph 1, in respect of contracts pertaining
to a class of OTC derivatives set out in Annex I and concluded between counterparties other than
counterparties in Category 4 which are part of the same group and where one counterparty is
established in a third country and the other counterparty is established in the EEA, the clearing
obligation shall take effect:
(a) two years after the date of entry into force of Decision of the EEA Joint Committee No …/…
of … [this decision] in case no equivalence decision adopted pursuant to Article 13(2) of
Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the
OTC derivative contracts set out in Annex I of this Regulation in respect of the relevant third
country applies in the EEA; or
(b) the later of the following dates in case an equivalence decision adopted pursuant to Article 13(2)
of Regulation (EU) No 648/2012 for the purposes of Article 4 of that Regulation covering the
OTC derivative contracts set out in Annex I of this Regulation in respect of the relevant third
country applies in the EEA:
(i) 60 days after the date of entry into force of the decision of the EEA Joint Committee
containing the decision adopted pursuant to Article 13(2) of Regulation (EU) No 648/2012
for the purposes of Article 4 of that Regulation covering the OTC derivative contracts set
out in Annex I of this Regulation in respect of the relevant third country;
(ii) the date when the clearing obligation takes effect pursuant to paragraph 1.”.
(c) In Article 4:
(i) in paragraphs 1 and 2, as regards the EFTA States, the words “9 October 2016” shall read “two
months after the date of entry into force of Decision of the EEA Joint Committee No …/… of …
[this decision]”;
(ii) in paragraph 4, the words “, between one financial counterparty established in an EFTA State and
one financial counterparty established in an EU Member State” shall be inserted after the words
“between two financial counterparties belonging to different categories”.’.L 137/22 EN Official Journal of the European Union 4.6.2018
Article 2
The texts of Delegated Regulations (EU) 2015/1515, (EU) 2015/2205, (EU) 2016/592, (EU) 2016/1178, as corrected by
OJ L 196, 21.7.2016, p. 56, (EU) 2017/104, and (EU) 2017/751 and Implementing Regulation (EU) 2017/105, as
corrected by OJ L 19, 25.1.2017, p. 97, in the Icelandic and Norwegian languages, to be published in the EEA
Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA
Agreement have been made (*).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the
European Union.
Done at Brussels,
For the EEA Joint Committee
The President The Secretaries to the EEA Joint Committee
(*) [No constitutional requirements indicated.] [Constitutional requirements indicated.]